It has recently been revealed that One Direction star Liam Payne has left a £24.3 million estate and no Will.

As Liam has died without leaving a Will, he has died intestate which means that his estate will pass to his son, Bear when he turns 18. However, under the intestate rules there is no wider provision for his family or girlfriend.

When someone dies without a Will, a person’s estate will pass in accordance with the Rules of Intestacy.

These are found in Rule 22 Non Contentious Probate Rules 1987 where an order of priority is set out as to who will inherit an estate:

  • Surviving spouse or civil partner
  • Children and issue (descendants) of the deceased
  • Parents
  • Brothers and sisters of the whole blood (or their issue if they are no longer alive)
  • Brothers and sisters of the half-blood (or their issue if they are no longer alive)
  • Grandparents
  • Uncles and aunts of the whole blood (or their issue if they are no longer alive)
  • Uncles and aunts of the half-blood (or their issue if they are no longer alive)
  • The Treasury solicitor on behalf of the Crown
  • Any creditor of the deceased

In Liam’s circumstances he was not married, therefore his girlfriend cannot inherit his estate. Liam didn’t leave a spouse therefore his child, Bear will be the person entitled to the estate and the person entitled to deal with the actual administration of the estate.

However, Bear is only 8 years old and therefore he is not going to be able to sort out his dad’s affairs himself.

A Grant of Representation is going to be needed to deal with Liam’s assets. The Grant of Representation is a legal document issued by the Probate Registry which confirms the legal authority of the person who will be dealing with the estate (the Personal Representative).

The Grant of Representation is called the ‘Grant of Letters of Administration’ where someone has died without a Will.

As Bear is a minor, his mother, Cheryl Cole, will need to apply on his behalf for a special type of Grant of Representation called ‘Letters of Administration Durante Minore Aetate’. This Grant will allow them to administer Liam’s estate until Bear reaches the age of 18, at which point he can apply for a Grant in his own name to finalise any matters needed.

The fact that Liam died without a Will is quite shocking given the fortune that he has left, but it is not unusual for people to die without a Will. Dying without a Will can cause problems for the family left behind in terms of who will ultimately benefit or deal with the estate. It would have been far better for Liam to have left a Will setting out who should deal with his estate and where he wished to direct his assets. Whilst Bear would likely have been the main beneficiary, there could well have been other family members, friends or causes that Liam might have wanted to consider.

If you need assistance with obtaining a Grant of Representation or preparing your Will then please do not hesitate to contact me on 01530 564498 or at m.lovell@timms-law.com

For more information about Wills and Probate, visit our webpage here.